New York's draft rules on hydrofracking are expected in June

ALBANY, N.Y. — New York’s new environmental chief said Tuesday the state needs to proceed cautiously with high-volume hydraulic fracturing for natural gas in deep shale formations, but not wait for the Environmental Protection Agency to complete a federal review of the practice that could take two years.

At a legislative hearing, acting Department of Environmental Conservation Commissioner Joe Martens said he expects the agency’s updated draft regulations to be completed in June, the deadline set by former Gov. David Paterson, or thereabouts. They will be subject to another 30-day comment period before final regulations are issued.

The agency has already received 13,000 comments, and the staff review has addressed about 85 percent so far, Martens said. Health and energy officials also are involved. They are looking at the experiences in Pennsylvania, Texas and other states that allow the deep drilling. Martens declined to prejudge where the regulatory review will come out.

“As I think the governor has said, in various policy books, we won’t undertake drilling until we’re confident it can be done safely. And protecting water supplies is, at the essence, our highest priority,“ Martens said.

Permits for gas drilling in the Marcellus Shale region of southern New York have been on hold since 2008 when Paterson ordered the DEC to draft new guidelines to address concerns about hydraulic fracturing, which injects millions of gallons of chemical-laced water into shale thousands of feet underground to create cracks that release natural gas.

The issue has divided both New York residents and lawmakers. Many are concerned about possible contamination of water supplies, including the New York City watershed, and others see tremendous economic opportunity in tapping the gas deposits across most of the southern half of the state.

“This is the environmental issue of the century for New York state,“ said Assembly member Barbara Lifton, a Democrat from Ithaca. She said she would prefer to wait for the EPA’s review of the environmental impact of hydraulic fracturing.

Martens, formerly president of the Open Space Institute, a land conservation group, still faces Senate confirmation. Backers of so-called hydrofracking are worried that Paterson’s successor, Gov. Andrew Cuomo, and Martens will delay and hinder it.

Speaking about the DEC’s broader mission, Martens said it plays a role through environmental permits in nearly every major economic development project around the state, and that a vibrant economy and healthy environment are not incompatible. “I intend to make sure that DEC is responsive to business and that we work together to avoid regulatory stalemate.“

Martens said the DEC still has more than 3,000 staff after losing about 400 last year. Former Commissioner Pete Grannis said at the time that budget cuts and attrition were threatening the agency’s work. The agency has a huge portfolio, managing nearly 5 million acres of state lands, safeguarding 70,000 miles of rivers and streams and 4,000 lakes and ponds, inspecting 4,000 solid or hazardous waste, pesticide and radiation facilities, issuing 750,000 hunting and fishing licenses and more than 15,000 permits a year.

While facing a 10 percent cut this year in its operations spending, the DEC has already dropped close to its authorized staffing level for the coming year and will continue to “recalibrate“ to do essential jobs, Martens said. For example, in issuing environmental business permits, the focus is on new applications, he said.